BHANWRA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by Bhanwra Ram Jat, Village Ranasar, P.S. Bhanipura, District Churu against the judgment dated 31.5.1993 delivered by the Sessions Judge, Churu whereby the accused-appellant was found guilty u/s. 354 of the Penal Code and was awarded a sentence of six months rigorous imprisonment and Rs. 5,000.00 as fine. For non-payment of fine simple imprisonment for one month has been awarded. It is further ordered that after the amount of fine is realised Rs. 400.00 may be paid to the prosecutrix PW-1 Smt. Imrati W/o Hanumanaram.

(2.) According to the prosecution story Smt. Imrati alongwith her husband Hanumanaram went to Police Station, Bhanipura on 18.8.1988 and lodged and oral FIR Ex.P/1.

(3.) According to the FIR the incident occurred on 17.8.1988 between 5.30-6.00 p.m. when she was returning from her agricultural field her house. According to the FIR the prosecutrix had gone to her agriculture field for the protection of the crops from stray animals and while she was there her husband PW-2 Hanumanaram and his (sic her) mother in-law PW-3 Janki Devi also reached. When she was crossing through another agricultural field belonging to Jora Ram the accused came rushing towards her and after getting hold of her she was thrown on the ground. Thereafter, the accused sat on her and attempted to commit rape upon her. She offered resistance and her blouse was torn during the incident. Thereafter the accused inserted her (sic his) hand inside her vagina and blood started oozing out. There after the accused again tried to commit rape. However, because of her resistance he could not succeed. Meanwhile hearing her cries her husband Hanumanaram, mother-in-law Janki Devi and an independent witness Bhera Ram (PW- 6) appeared on the scene. They shouted and dared the accused upon which the accused took to his heels. A case u/s. 376/511 of the Penal Code was registered and challan was filed in the Court of Judicial Magistrate, Sardarshar, from where the matter was committed to the Court of Sessions Judge at Churu.